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(영문) 광주지방법원 목포지원 2015.11.27 2015고단568
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B-si.

On October 29, 2014, the Defendant driven the above taxi on October 23:00, and driven the three-lane road near the Korea Rural Community Corporation located in Sinpo City in Sinpo City, with one-lane from the side of Sinpo City Science University to the bus terminal at about 88km each hour.

At the time of night, the restricted speed is 60 km per hour and the signal apparatus was installed in the front side, and the crosswalk was also installed. Therefore, a person engaged in driving a motor vehicle has a duty of care to look well at the front side and drive a motor vehicle in preparation for the possibility of complying with the restricted speed and traffic signal and for the possibility of unauthorized crossing.

Nevertheless, the Defendant neglected this and neglected to confirm that the vehicle driving signal is green on the front side, and rather raised a speed exceeding 28km/h, and when the signal was changed from green to yellow, the Defendant followed by negligence, disregarding pedestrian stop signal, and instead, took the victim C (56 years old) (56 years old) who took the crosswalk from the right side to the left side of the above taxi.

Ultimately, the Defendant caused the victim to suffer brain injury in need of approximately twenty (20) weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Medical certificate, medical statement (whether serious injury is involved);

1. On-site photographs;

1. Application of Acts and subordinate statutes of report on internal investigation (hereinafter referred to as "report on the speed limit"), investigation report (related to road speed limit), investigation report (victim C and current status-related report);

1. Reasons for sentencing under Article 3 (1), the proviso to Article 3 (2) and Article 3 (1), Article 3 (2) 1 and 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts;

1. Determination of types of crime: Injury of traffic accidents resulting from ordinary traffic accidents;

2. Determination of the scope of sentence: Aggravation, August - January 1.

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